Ariz. Admin. Code § R9-16-311 - Responsibilities of a Hearing Aid Dispenser

A. A licensee, except for a hearing aid dispenser with a temporary license, shall submit a renewal application in a format provided by the Department that contains:

1. For an individual licensed as a hearing aid dispenser:

a. The applicant's name, home address, telephone number, and e-mail address;

b. The applicant's Social Security Number, as required under A.R.S. §§ 25-320 and 25-502 ;

c. If applicable, the name of the applicant's employer and the employer's business address and business telephone number;

d. The applicant's license number and expiration date;

e. Since the hearing aid dispenser's previous license application, whether the applicant has been convicted of a felony or a misdemeanor involving moral turpitude in this or another state or jurisdiction;

f. If the applicant was convicted of a felony or misdemeanor involving moral turpitude:

i. The date of the conviction,

ii. The state or jurisdiction of the conviction,

iii. An explanation of the crime of which the applicant was convicted, and

iv. The disposition of the case;

g. Whether the applicant has had a license revoked or suspended by any state within the previous two years;

h. Whether the applicant is currently ineligible for licensure in any state because of a prior license revocation or suspension;

i. Whether any disciplinary action has been imposed by any state, territory or district in this country for an act upon the applicant's hearing aid dispenser license;

j. An attestation that information required as part of the application has been submitted and is true and accurate; and

k. The applicant's signature and date of signature;

2. In addition to the requirements in subsection (A)(1) an individual shall submit:

a. Documentation of 24 continuing education hours completed within the 24 months before the expiration date on the license, including:

i. The name of the organization providing the course;

ii. The date and location where the course was provided;

iii. The title of each course attended;

iv. A description of each course's content;

v. Whether the course was taught in-person;

vi. The name of the instructor;

vii. The instructor's education, training, and experience background, if available; and

viii. The number of continuing education hours earned for each course; and

b. A $200 license renewal fee; or

3. For a business organization licensed as a hearing aid dispenser:

a. The information in subsection R9-16-308(A)(1), and

b. A $200 license renewal fee.

B. A licensee, except for a hearing aid dispenser with a temporary license, who renews a license within 30 calendar days after the expiration date of the license, shall submit to the Department:

1. The information and renewal fee required in subsection (A), and

2. A $25 late fee.

C. A renewal license issued to a licensee, except for a hearing aid dispenser with a temporary license, is valid for two years after the expiration date of the previous license issued by the Department.

D. If a licensee does not comply with subsections (A) or (B), the license is nonrenewable and:

1. The hearing aid dispenser may apply for a new license according to subsection (E), or

2. The business organization may apply for a new license according to R9-16-308 .

E. A licensee whose license is nonrenewable according to subsection (D)(1) and it is within one year after the expiration date of the hearing aid dispenser's license:

1. The applicant shall submit an application in a format provided by the Department that contains:

a. The information required in R9-16-304(A)(1) through (A)(4), and

b. Documentation of continuing education according to R9-16-312 ; and

2. A nonrefundable $100 application fee and a $100 license fee.

F. If allowed in R9-16-309(E)(1), a hearing aid dispenser with a temporary license shall submit at least 30 calendar days before the expiration date on the license, a renewal application in a format provided by the Department that contains:

1. The information in R9-16-304(A)(1) through (A)(4) ;

2. The applicant's sponsor's:

a. Name,

b. Business address,

c. Business telephone number, and

d. Arizona hearing aid dispenser license number;

3. A statement signed by the sponsor that the sponsor is a licensed hearing aid dispenser who agrees to train, supervise, and be responsible for the applicant's hearing aid dispenser practice according to A.R.S. § 36-1905 ; and

4. A $100 license renewal fee.

G. A renewal license issued to a licensee according to subsection (F) is valid for one year after the expiration date of the previous license issued by the Department.

H. The Department shall review a renewal application according to R9-16-316 and Table 3.1.

A. A hearing aid dispenser licensed shall:

1. Upon licensure, notify the Department in writing of the address where the hearing aid dispenser practices the fitting and dispensing of hearing aids;

2. Conspicuously post the license received in the hearing aid dispenser's office or place of business;

3. Except as specified in subsections (A)(4) or (A)(5), conduct audiometric tests before selecting a hearing aid for a client that provides detailed information about the client's hearing loss, including:

a. Type, degree, and configuration of hearing loss;

b. Ability, as measured by the percentage of words the client is able to repeat correctly, to discriminate speech; and

c. The client's most comfortable and uncomfortable loudness levels in decibels;

4. Have the option to conduct audiometric testing required in subsection (A)(3) before selling a client a hearing aid if the client provides to the dispenser the information required in subsection (A)(3) from a licensed professional and the information was:

a. Obtained within the previous 12 months for an adult, or

b. Within the previous six months for an individual under the age of 18;

5. Have the option to conduct audiometric testing required in subsection (A)(3) if the tests cannot be performed on the client due to:

a. The client's young age, or

b. A physical or mental disability;

6. Evaluate the performance characteristics of the hearing aid as it functions on the client's ear for the purpose of assessing the degree of audibility provided by the device and benefit to the client;

7. Provide a bill of sale to a client according to A.R.S. § 36-1909(A) that contains:

a. Information required in A.R.S. § 36-1909;

b. A complete description of:

i. Warranty information, and

ii. The conditions of any offer of a trial period with a money back guarantee or partial refund; and

c. The client's signature and date of signature; and

8. Not:

a. Practice without a license according to A.R.S. § 36-1907,

b. Commit unlawful acts according to A.R.S. § 36-1936, or

c. Commit actions described in A.R.S. § 36-1934(A).

B. The trial period described in subsection (A)(7)(b)(ii) shall not include any time that the hearing aid is in the possession of the hearing aid dispenser or the manufacturer of the hearing aid.

Notes

Ariz. Admin. Code § R9-16-311

Adopted effective June 25, 1993 (Supp. 93-2). Section repealed; new Section made by exempt rulemaking at 20 A.A.R. 1998, effective 7/1/2014. Adopted by final expedited rulemaking at 26 A.A.R. 835, effective 4/8/2020.